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2026 DAILYLAW 12946 (GAU)

PRADIP BORAH AND ANR v. THE STATE OF ASSAM

AB/1678/2026 · 2026-08-23

Shamima Jahan

body2026

Judgment text

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Page No.# 1/4 GAHC010151032026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1678/2026 PRADIP BORAH AND ANR S/O SIBA BORAH, R/O H NO 05, NEAR AAITHAN, BORAGADHAI, PS DULIAJAN, DIST DIBRUGARH, ASSAM 2: JADU BORAH S/O BHOLANATH BORAH R/O BORUAH TINIALI JALONI GT 15 PS DULIAJAN DIST DIBRUGARH ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR D MEDHI, S YESMIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 24.08.2026 Heard Mr. D. Medhi, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This is an application under Section 482 of the BNSS, 2023 whereby the petitioners, namely, 1. Pradip Borah and 2. Jadu Borah are seeking Anticipatory Bail apprehending arrest in connection with an FIR, which is registered as Duliajan Police Station Case No. 75/2026 registered under Sections 118(2)/140(2)/308(5)/331(8) of BNS, 2023. 3. The FIR in connection with which the petitioners are apprehending arrest was lodged on 11.06.2026 by one Uttam Jyoti Borah, Manager of a company, namely, Udipta Energy and Equipment Private Limited. It was stated, inter alia, that on 10.06.2026, at around 10:30 p.m., the petitioners, along with others, forcibly entered the staff quarters of the said company and assaulted the informant. It was further alleged that the petitioners and others took away the vehicle, cash amount, and gold chain belonging to the informant. The informant further stated that the petitioners and others had left the vehicle in front of the Duliajan Police Station. 4. The learned counsel for the petitioners submits that the story narrated in the said FIR is a concocted one and that the actual facts are that the people from the locality were complaining about non-employment and, when the police personnel reached the place of occurrence and picked up a few persons, the informant reached the police station and lodged the Ejahar against the petitioners. 5. Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam, on perusal of the case diary, submits that the complainant had given his statement alleging the same story as narrated in the FIR. He further submits that, as far as the injuries sustained by the informant are concerned, no such injuries were found. Page No.# 3/4 6. On consideration of the submission made by the learned counsel for the parties, more so, in view of the fact that there are no incriminating materials against the petitioners as could be seen from the case diary, neither were there any injuries as alleged by the victim, this Court deems it correct that the petitioners be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/- (Rupees twenty thousand ) only each with one local surety each of the like amount to the satisfaction of the Arresting authority on the following conditions:- 1. That the petitioners shall appear before the Investigating Officer within 10(ten) days from today and such other dates as required and co-operate in the investigation as and when required; 2. The petitioners shall not leave the jurisdiction of the police station, without prior written permission from Officer-in-Charge, Duliajan Police Station. 3. That the petitioners shall not hamper or tamper with the investigation in any manner; and 4. That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case. If any of the conditions are found to be violated by the petitioners then the Investigating Officer shall be at liberty to seek cancellation of the interim bail Page No.# 4/4 granted to the petitioner. 7. Accordingly, the anticipatory bail petition is disposed of. JUDGE Comparing Assistant